To receive and consider an extract from the minutes of the Cabinet Meeting that took place on 9 July 2020 which includes recommendations to the Council.
At its meeting on 9 July 2020, the Cabinet considered a request from a member of the public to modify the policy map for policy SP2 (Sampford Peverell). A copy of the document in support of that request is appended at Appendix A. The Cabinet asked that a briefing note be prepared in relation to this for consideration by Council. Given the potentially significant implications of any misstep in the adoption of the plan and the introduction of late changes, the advice of Paul Shadarevian QC has been obtained and it is in the public interest that this advice be put into the public domain to enable a full understanding of the issues by all. It has been drafted and provided on that basis. Accordingly, the advice is appended at Appendix B.
The Council had before it an *extract from the Cabinet meeting of 9 July 2020 with regard to the Local Plan Review.
The Chairman requested that the Head of Planning Economy and Regeneration inform the meeting of the history of the Local Plan Review. The officer stated that the process had started in 2013/14 and that the Local Authority was obliged to keep the Local Plan up to date, this was a continual process of assessing development plans. The report before the meeting was the culmination of this process following several stages of public consultation. She outlined the role of the Planning Inspector who provided an independent examination role and considered the representations and heard directly from those interested parties at examination hearings. In December 2019, main modifications to the plan were agreed and consulted upon and then considered by the Inspector. The Inspectors main findings had been received on 26 June 2020; he had accepted the schedule of main modifications, made some minor updates and found the plan to be legally compliant. With the schedule of modifications the plan was now capable of being adopted.
Responding to questions from Mr Byrom posed in Public Question Time, the officer stated that the S106 agreement he referred to formed part of the emerging papers for the planning appeal on the site, the agreement had not been signed or sealed, although it had been signed by the landowner and the appellant. If changes were required they could still be made. With regard as to whether the QC had knowledge of the S106 agreement, the answer was no, he had not see it, he was only commissioned to advise on whether the map could be amended. With regard to no officer doing anything in the lifetime of the plan that would allow development of the highest ground at the SP2 site, this was not an undertaking that she could give, there was no planning application that would affect that area and she didn’t know if any application would be received in the future or what it might be for. If an application was received it would need to be considered on its merits.. The adoption of the Local Plan and the wording of policy SP2 would be a material consideration of any such application.
Councillor Miss J Norton had submitted the following AMENDMENT, seconded by Councillor B G J Warren
At the end of recommendation (b), add the following words:
“save that the amended line of the settlement limit, shown by a broken black line on Plan MM45 (Appendix 10), be further amended so that, for policy SP2 it runs along the line of division between the proposed Green Infrastructure and the Proposed Residential (as illustrated by Figure 4 in Appendix A (page 28), thus placing the entirety of the Green Infrastructure outside the settlement limit of Sampford Peverell.”
Consideration was given to:
· A presentation slide which identified the original settlement limit boundary and that proposed by the amendment
· Members views with regard to the need for the green infrastructure to be in the countryside and not within the settlement limit so that the land could be protected
· The opinion of Counsel with regard to amending the map and that the inspector had been informed of the amendment. The view of both being that the map could be amended without the need to amend policy SP2 or the text
· That the amendment would not delay the adoption of the plan.
· The amendment gave assurance to local residents that the green infrastructure would remain as such
· By moving the settlement limit line on the map this would be consistent with other green infrastructure areas in the district
· An error in Counsel’s advice in that he had not incorporated main modification 42 in his advice
Upon a vote being taken the AMENDMENT was declared to have been CARRIED.
Further consideration was then given to the rest of the plan:
· The enormous amount of work and effort required to produce the plan as a whole
· The opportunities made available for public involvement in the plan
· The need to look forward towards the creation of a subsequent plan which considered green policies which matched the council’s desires with regard to climate change
· The importance of having an adopted plan
Councillor G Barnell MOVED the SUBSTANTIVE MOTION, this was seconded by Councillor Mrs C P Daw: THAT:
(a) The Council adopts the Mid Devon Local Plan Review 2013 – 2033 (Appendix 1), under Regulations 26 and 35 of the Town and Country (Local Planning)(England) Regulations 2012, including main modifications pursuant to section 23 of the Planning and Compulsory Purchase Act 2004 confirmed by the Inspector in his report (Appendix 3), and the Council’s additional (minor) modifications (Appendix 4).
(b) The Council adopts the Mid Devon Local Plan Review 2013 – 2033 Policies Map (Appendix 2) together with any changes needed to this through the Inspector’s main modifications in his report (Appendix 3) including Plan MM35 (Appendix 9), Plan MM45 (Appendix 10) and the Council’s additional (minor) modifications (Appendix 4) as described in Section 6 to this report, save that the amended line of the settlement limit, shown by a broken black line on Plan MM45 (Appendix 10), be further amended so that , for policy SP2 it runs along the line of division between the proposed Green Infrastructure and the Proposed Residential (as illustrated by Figure 4 in Appendix A (page 28)), thus placing the entirety of the Green Infrastructure outside the settlement limit of Sampford Peverell.”
(c) The Council notes that, in accordance with Regulations 26 and 35 of the Town and Country (Local Planning)(England) Regulations 2012 the following documents will be published on the Council’s website, and will be made available for inspection, free of charge at the Council’s Phoenix House office during its opening times and in local libraries in Mid Devon once this becomes possible following a relaxation of restrictions of movement and public gatherings currently in place due to the Covid-19 pandemic:
(i) Mid Devon Local Plan Review 2013 – 2033
(ii) Mid Devon Local Plan Review 2013 – 2033 Adoption Statement (Appendix 5); and
(iii) Sustainability Appraisal Report (Appendix 6) and Sustainability Appraisal Post-Adoption Statement (Appendix 7).
(d) The Council notes that the Adoption Statement (Appendix 5) is sent to the Secretary of State and to any person who has asked to be notified of the adoption of the Mid Devon Local Plan Review 2013- 2033.
(e) The Council approves the Sustainability Appraisal Report (Appendix 6) and the Sustainability Appraisal Post-Adoption Statement (Appendix 7).
(f) Delegated authority is given to the Head of Planning, Economy and
Regeneration in consultation with the Cabinet Member for Planning and Economic Regeneration to make any typographical, grammatical, graphical and presentational changes to the Mid Devon Local Plan Review 2013 – 2033 (e.g. paragraph and table numbers) and its Policies Map to finalise the plan before it is published, including any changes that are necessary to the Policies Map to reflect the Devon Minerals and Waste Plans.
Upon a vote being taken the SUBSTANTIVE MOTION was declared to have been CARRIED.
Note: *Extract previously circulated, copy attached to minutes.